I was riding in my car listening to the radio and ran across The Rush Limbaugh Show. Just as I got to the station, the host said "President Bush says we are at war and we should act like it." There are a thousand variations of this statement and theme on talk radio every day. But here is the problem... our nation is not at war. According to the Constitution, only Congress can declare war.
Strict Constructionist
I am a strict constructionist. I want judges to follow the Constitution and its original intent. Most true conservatives are strict constructionists. I don't want judges to legislate from the bench. I don't want them to make it up because it is the "right" thing to do in their minds. And...
I don't want the Executive Branch to do it either. The President should have only the powers that the Constitution authorizes... no less... no more!
If we feel the need to invade Iraq, make the case and force Congress to vote to declare war ... or not. The Constitution is clear about this. They cannot delegate it to the President. For some reason, neo-cons are happy to read things into the Constitution for the Executive Branch... but they have a different standard for the Judicial Branch.
Strict construction is the correct hermeneutic (framework for interpretation). Let's be consistent ... let's be logical ... let's be honest. Strict Construction for Judges, the President and Congress.
The Constitution... follow it or amend it.
(NOTE: See the next post for more specific information on the Presidency... I have re-published this post as it goes well with yesterday's thought.)
2 comments:
How do you think congress should have worded the resolution to attack Iraq?
Is not voting to grant the President the authority to invade Iraq the same thing? Congress still has to approve "war" funds every year.
b...
Thanks for stopping by! Your question is a good one.
First, a literal declaration of war is required by the founding fathers in the Constitution. They were certainly smart enough to word it differently had they wanted something else. The attitude of ... we are kind of doing that... or, this is close enough... or, what they must wave really wanted was... makes the entire Constitution worthless. This attitude gives any administration unlimited powers because they have complete flexibility. Remember, the Constitution is there for 2 key reasons: organizational structure and to protect citizens from unchecked government.
Second, if we take your question at face value, then the President could declare war at will and then see if it was funded. This disconnection is dangerous and not what the founders intended.
Third, declaring war is serious! Having Congress as the body to initiate war moves the decision making as close as possible to the citizens. All of the House and 1/3 of the Senate is up for re-election in 2 years or less. It ensures that "we the people" are bought into war. It ensures that it is our war.
Finally, yes, Congress still has to approve funding every year. As a separate act, they should take that act seriously too!
Remember, we didn't fall off the track with Iraq. We have been off the track since "The Korean Conflict".
Again, thanks for the comment/question.
Post a Comment